Briggs Property Donation & ResMEM
ORANDUM
December 27, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Wayne Briggs Property Donation
Mr. Wayne Briggs hasoffered to donate to the City 10.09 acres of property along Phase
IV of the Northwest Arterial Project. Six acres of the property is on the north side of the
Northwest Arterial right-of-way and borders Marshall Park. Four acres of the property ~s
on the south side of the Northwest Arterial right-of-way and borders the residential lots
on Tiffany Court.
Leisure Services Manager Gil Spence is recommending acceptance of the property
donation, with s~x acres being used to expand Marshall Park and the Dubuque
Arboretum. The four acres on the south side of the Northwest Arterial could be offered-
to the property owners along Tiffany Court as an expansion of their individual lots.
I concur with the recommendations and respectfully request Mayor and City Council
approval.
Midhael C. Van Milligen
MCVM/jh
Attachment
cc: Barry LindahL. Corporation Counsel
Cindy Steinhauser, Assistant City Manager
CiTY OF DUBUQUE, IOWA
MEMORANDUM
December 26, 2001
TO: Michael C. Van Milligen, City Manager
FROM: Gil D. Spence, Leisure Services Manager
SUBJECT: Wayne Briggs Property Donation
INTRODUCTION
The purpose of this memorandum is to provide you and the City Council a
recommendation on the 10.09 acres of property Wayne Briggs is considering donation to
the City of Dubuque.
DISCUSSION
Two plats that show this property are attached. One is from the appraisal done by Mary
Clarke and the second is from the Planning Services Department that shows the
surrounding properties.
As you can see, the 10.09 acres is divided by the Northwest Arterial. The six-acre parcel
to the north is adjacent to Marshall Park and the four-acre parcel to the south is separated
by the roadway from the six-acre parcel. Both parcels appear to be landlocked by either
state or private party.
The six-acre parcel adjacent to Marshall Park woutd be a nice addition to the park and the
Dubuque Arboretum Association would like it added to their lease. They are looking for
ways to expand their operation and are after any and all land. This parcel is heavily
wooded and would be a nice addition to the arboretum.
I do have some concerns about the four-acre parcel as far as maintenance. This parcel is
adjacent to some very nice homes on Tiffany Court and they may expect some
maintenance to be done on the property. Access for this maintenance is a bigger concern
than the maintenance work itself. If we can access the property off of the arterial, mowing
it four or five times a year will not be a problem.
RECOMMENDATION
If the six acre parcel can be accepted and not the four acre parcel that would be preferred.
If both parcels need to be accepted, I would sti recommend the gift be accepted. We
would then need to work out the access issues with the state.
ACTION STEP
The action requested is that the City Council accept the property donation of Wayne
Briggs per the recommendation above.
GDS:et
attachments
Prepared by Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque Iowa 52001 563 583-4113
RESOLUTION NO. 563-01
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY,
IOWA FROM WAYNE A. BRIGGS AND TRACEY L. BRIGGS
WHEREAS, Wayne A. Briggs and Tracey L. Briggs desire to make a gift of the
following described real property to the City of Dubuque:
Lot 2 of Lot 8 of Block 3 of Tiffany Ridge Subdivision in the City of Dubuque, Iowa, according to
the recorded plat thereof, subject to easements and restrictions of record
and
That part of the SE t/4 of the SW 1/4 of Section 10, Township 89 North, Range 2 East of the Sth
P.M., and that part of the South l/= of the SE % of the SW % of Section 10, Township 89 North,
Range 2 East of the 5t~ P.M., all in Dubuque County, Iowa, South of the North line of the South
% of the SE % of the SW % of Section 1 0, Township 89 North, Range 2 East of the Sm P.M.,
except for that part taken by the Iowa Department of Transportation and legally described as
Lot 1 of the Subdivision of the SW % of the SW % of the SE % and South % of the SE % of the
SW % of Section 10, Township 89 North, Range 2 East of the 5t~ P.M., in Dubuque County, Iowa.
AND WHEREAS, the City Council of the City of Dubuque desires to accept the gift on
behalf of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
1. The City of Dubuque hereby accepts the Warranty Deed from Wayne A. Briggs and
Tracey L. Briggs, a copy of which is attached hereto.
2. The City Clerk is hereby authorized and directed to record this Resolution with the
Dubuque County Recorder.
Passed, approved and adopted this 27th day of December, 2001.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
1493-02
WARRANTY DEED
For no consideration and with the intent to make a charitable contribution, WAYNE A. BRIGGS
and TRACEY L. BRIGGS, husband and wife, do hereby Convey to THE CITY OF DUBUQUE, IOWA,
an Iowa municipal corporation, the following described real estate in Dubuque County, Iowa:
Lot 2 of Lot 8 of Block 3 of Tiffany Ridge Subdivision in the City of Dubuque, Iowa,
according to the recorded plat thereof, subject to easements and restrictions of record,
That part of the SE 1/4 of the SW I/4 of Section 10, Township 89 North, Range 2 East of
the 5a P.M., and that part of the South ½ of the SE 1/4 of the SW 1/4 of Section 10,
Township 89 North, Range 2 East of the 5~h P.M., all in Dubuque County, Iowa, South of the
North line of the South 1/2 of the SE 1/4 of the SW 1/4 of Section 10, Township 89 North,
Range 2 East of the 5"~ P.M., except for that part taken by the Iowa Department of
Transportation and legally described as Lot 1 of the Subdivision of the SW 1/4 of the SW
1/4 of the SE 1/4 and South lA of the SE 1/4 of the SW 1/4 of Section 10, Township 89
North, Range 2 East of the 5a P.M., in Dubuque County, Iowa.
Exempt from Revenue S.tomps No coosideratioo
Grantors do Hereby Covenant w~tla Orantee and successors ~n interest that Grantors hold the real
estate by title in fee simple; that they have good and lawful authority to convey the real estate; that the real
estate is Free and Clear of all Liens and Encumbrances except as may be above stated; and Grantors
covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be
above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive
share in and to the real estate.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular
or plural number, and as masculine or feminine gender, according to the context.
Dated: December ~;~2 2001 ' ~
TRACEY L.~IGGS ~ d
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
On this (7~7
day of December, 2001, before me, the undersigned, a Notmy Public in and for the
State of Iowa, personally appeared WAYNE A. BRIGGS and TRACEY L. BRIGGS, husband and wife, to
me known to be the persons named in and who executed the foregoing instrument, and acknowledged that
they executed the same as their voluntary act and deed-t ~JT~ ~N° '~u~ ~for
MY COMMISSION EXPIRES
L ~ow~ ~ JANUARY 12T 2004
REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT
PART I - TO BE COMPLETED BY TRANSFEROR
(Please Type or Print Legibly)
TP.~2qSFEROR Name WAYNE A. AND T~ACEY L. BRIGGS
Address 13275 West Chet]~n Lane Galena
TH~ CITY OF DUBUQUE, IOWA
T1A&NSFEREE Name
Illinois 61036
Ad.ess City Hall, 50 West 13th Street Dubuque
Iowa 52001
Vacant land Dubuque Iowa 52001
LegalDes~iptionofProperef SEE ATWA~wgn LEGAL DESCRIPTION
1. Wells (check one) ~ There are no known wells situated on tiffs propero].
[] There is a well or we0s situated on this properS. The type(s), location(s) and legal status are stated below.
2. Solid Waste Disposal (check one) ~ There is no known solid waste disposal site on this property.
[] There is a solid waste disposal she on this properS, but no notice has been received from the Department of Natural Resources that the
site is deemed to be potentially hazardous.
/5 There is a solid waste disposal site on ~ property which has been deemed to be potentially hazardous by the Department of Natural
Resources. The location(s) of the site(s) is stated below.
3. Hazardous Wastes (check one)
4. Underground Storage Tanks (check one)
'~ There are no known underground stumge tank~ on this property. [Note exclusions such as small farm and residential motor fuel ta~ks,
t most heating oil tanks, cisterns and septic tanks, La insImctions.)
[] There is an undergrotmd storage tank or tanks on this proper~y. The type(s), size(s) and any knovm substance(s) contained are desm~oed
below.
5. Private Burial Site (check one)
~ There are no known private burial sites on this property. .
[2 There is a private burial site on this prope~y. The location(s) of the site(s) is stated below. The known identifying information of the
decedent is stated below.
Information, if any, required by statements checked above:
AllachmentforAddilionallnformatLan? Y/N Ifso, numberofpages
I HEREBY DECI~kRE TIIAT TIlE INFORMATION CONTAINED IN PART 1 OF THIS STATEMENT IS TRUE AND CORRECT
pART II - TO BE COMPLETED BY RECORDER
Date of Insteament [~' a7' V/ Book/LD. ,(~ Page/I.D.
Dee Con actCo, *
DNR form (July 99) FILE WITH RECORDER
(See Inslraction #6)
LEGAL DESCRIPTION
Lot 2 of Lot 8 of Block 3 of Tiffany Ridge Subdivision in the City of Dubuque, Iowa,
according to the recorded plat thereof, subject to easements and restrictions of record,
That part of the SE 1/4 of the SW 1/4 of Section 10, Township 89 North, Range 2
East of the 5~ P.M., and that part of the South 1/2 of the SE I/4 of the SW 1/4 of
Section 10, Township 89 North, Range 2 East of the 5~ P.M., all in Dubuque County,
Iowa, South of the North line of the South lA of the SE i/4 of the SW 1/4 of Section
10, Township 89 North, Range 2 East of the 5th P.M., except for that part taken by
the Iowa Department of Transportation and legally described as Lot 1 of the
Subdivision of the SW 1/4 of the SW 1/4 of the SE 1/4 and South ½ of the SE 1/4 of
the SW 1/4 of Section 10, Township 89 North, Range 2 East of the 5th P.M., in
Dubuque County, Iowa.
200
400 Feet
Corporation Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
balesq(~mwci.net
December 14, 2001
Mr. Brian Kane, Esq.
Kane, Norby & Reddick, P.C.
2100 Asbury Road, Suite 2
Dubuque, IA 52001
RE: Charitable Gift of Wayne A. Briggs
Dear Brian:
Thank you very much for your December 13, 2001 letter, in which your client, Wayne A.
Briggs, proposes to donate 10.09 acres of property to the City of Dubuque.
I have forwarded a copy of the letter and enclosed material to the City Manager and Bill
Baum, Economic Development Director.
We will be ordering a Phase 1 Environmental for the property. It is also my
understanding that you believe you have an abstract to the property and will provide
that to me as soon as possible.
Since we cannot get all of the necessary work done prior to the December 17, 2001 City
Council meeting, it would be necessary to call a special meeting to accept the gift.
After I have had an opportunity to discuss the matter further with the City Manager, I will
get back to you.
Thanks to you and your client for making this offer.
Barry Lindahl
BAL/jm
Cc: Michael Van Milligen, City Manager'
lCorporation Counsel
Bill Baum, Economic Development Director
Service People lnteg~ty Respca~m'bi~ty Innovalion Teamwork
Brian J. Kane
Oay Ia Norby
Les V. Rcddick*
D. Flint Drake**
Brad J. Heying
Todd L. Stevenson*
MaryBeth Pfeilcr Salmon
Mary A. Chcl'ba
Ko, in T. Dccny
KANE, NORBY & REDDICK, P.C.
ATTORNEYS
2100 ASBURY ROAD, Sbl rE 2
DUBUQUE, tA 52001-3069
Of Coumsel:
Louis P. Pfeiler
All adn:~ed in I~wa
*Also aan~t~ea in nlinois
* *AI~o admiltcd in Wisconsin
Phone: (563) 582-7980
Facsimile: (563) 582-53t2
E-mail: BKane~f-.aneNorbylaw. eora
December 13, 2001
VIA FACSIMILE 585-1040 AND REGULAR MAIL
PERSONAL AND CONFIDENTIAL
Mr. Barry A. Lindabl
Attorney at Law
330 Harbor View Place
Dubuque, lA 52001
RE: CHARITABLE GIFT OF 10.09 ACRES OF REAL ESTATE
ALONG NORTHWEST ARTERIAL (OFF OF TIFFANY COURT)/
WAYNE A. BRIGGS
Dear Barry:
We met with our client, Mr. Wayne A. Briggs, today, and he stated that he desires to
contribute the above real estate to the City of Dubuque yet this year. Enclosed please find an
appraisal report prepared by Ms. Mary E. Clark of Luksetich Appraisals with regard to this
property. The last page thereto highlights the subject real estate (in two parts). A portion of this real
estate is south of the extension of the Northwest Arterial and a portion of this real estate is north of
the extension of the Northwest Arterial. The lot.shown as Lot 8 of Tiffany Ridge is not included in
the gift; since that lot is approximately a half an acre in size, the appraisal mount at $440,000.00
would be reduced to about $420,000.00.
The plat of the real estate to be conveyed, as we understand it, will be recorded next week.
The property had been unused and consists of bare ground along the Arterial and was
formerly agricultural property. To our knowledge, it has never had any other use.
We request that this matter be placed on the council agenda for December 17, 2001, or some
other time before year end. for consideration of acceptance by the City, subject to finalizing
thereafter the platting, any due diligence the City may want to undertake, etc. However, Mr. Briggs
desires to convey the property, if at all, on or before December 31, 2001.
KANE, NORBY & REDDICK, P.C.
December 13, 2001
Page 2
May we hear from you concerning this matter at your first reasonable opportunity. Thank
you.
Best regards,
BJK:db
Copy To: Mr. Wayne A. Briggs
October 26, 2001
Mr. Wayne Briggs
13275 West Chetlain Lane
Galena, IL 61036
RE: Appraisal of 10.09 acres of land located off of Tiffany
Court, Dubuque, IA 52001
Dear Mr. Briggs:
At your request, I have personally inspected and appraised
the above mentioned property located within the City of Dubuque,
Dubuque County, Iowa.
This appraisal report was completed in accordance with the
current "Uniform Standards of Professional Appraisal Practice."
It is considered to be a complete appraisal in a summary report.
The attached report explains my method of arriving at a
value for the property, together with a detailed discussion of the
various approaches to estimate Market Value.
After considering all of the factors affecting Market Value,
it is my opinion, that the Market Value of the damages to the
subject of this report, as of October 26, 2001 IS ESTIMATED TO BE
$440,000.
Sincerely,
Mary E. Clark
SUMPLARy OF SALIENT FACTS
Address: Tiffany Court, Dubuque, Iowa 52001.
Location: The subject is located off of W. 32~ Street. It is
near the intersection J.F. Kennedy Road. J.F.Kennedy Road is a
major thoroughfare in the City of Dubuque on the Northwest end of
Dubuque.
Type of Property: The subject of this report is presently vacant
land.
Date of Appraisal: October 26, 2001~
Building Size: There are not any buildings on this property.
Lot Size: The total lot size is 10.09 acres or 439,520 sq.ft.
Zoning: R-i, Single Family Residential.
Assessed Value: This land has not been assessed as this property
has been subdivided.
Gross Taxes: The gross taxes have not been assessed as this
property has been subdivided.
Last Sale Date: This property has not sold in the past five
years. This according to ~he Dubuque City Assessor.
Final Value:
Cost Approach - NA
Sales Comparison Approach -
Income Approach - NA
Final Value - $440,000.
$440,000.
ANALYSIS OF THE PROBLEM
The subject property consists of a acre parcel (1,045,622
sq.ft.) that is currently vacant. The owner is considering
donating the land to the Dubuque Arboretum.
PURPOSE OF THE APPRAISAL
The purpose of the appraisal is to estimate the Market Value
of the subject property being cognizant of all economic factors
that may affect ~he value of the property.
FUNCTION OF THE APPRAISAL
The function of the appraisal is to estimate the Market
Value of the subject property to assist the owner in obtaining a
market value for the subject property.
PLANS OF THE OWNER
At this time the owner is planning to donate this strip of
land to the Dubuque Arboretum.
iDENTIFICATION OF THE PROPERTY
The subject of this report is in the name of Walrne A.
Briggs.
The Legal Description of the subject is: Lot 1 of the
Subdivision of the SW ~ of SW ~ and S ~ of SE ~ and Primary Road
No. IA 32, in the City of Dubuque, Dubuque County, Iowa.
The subject property is located off of Tiffany Court. It is
near the intersection of J.F. Kennedy Road and W. 32=a Street. The
neighborhood boundaries are W. 32~a Street to the South, J.F.
Kennedy Road to the North and West, and U.S. ~52 to the East.
RIGHTS BEING APPRAISED
The appraiser is appraising a fee simple ownership for the
property. The appraiser has checked with the Dubuque City
Courthouse, and the owner has all rights of ownership. There are
no restrictive covenants that limit the present use.
The owner plans to donate this parcel to the Dubuque
Arboretum.
TREAYDS FOR THE NEIGHBOPJ~IOOD
In the immediate neighborhood there has been some growth and
development. There are several residential developments in the
area of the subject. The subject is in an area that is 50% built-
up. Marshall Park and the Dubuque Arboretum and Botanical Gardens
are in the same area the subject.
PROPERTY DESCRIPTION
LAND ONLY
Lot Size: The lot is irregular in shape.
Area: The total area is 10.09 acres or 439,520 sq.ft.
Zoning: The zoning is R-i, Residential according to the Dubuque
City Zoning Department.
Lot Access: Access to the subject is from U.S. ~20 to the
Northwest Arterial, to J.F. Kennedy Road, to W. 32=a, to Tiffany
Court. This will change with the extension of the Northwes5
Arterial, and there will be an access road directly to the subject
from the Northwest Arterial.
Elevation: The subject has a mostly level terrain. The drainage
appears to be adequate to the lot lines. The subject is located
in an unshaded Zone X. It is an area outside of 500-year flood.
(Flood Map #195t80-0002B dated September 6, 1989.)
Street Improvements: Tiffany Court is a fully improved street.
There are public utilities including electricity, telephone, gas,
and cable.
Census Number: The Map Number is 19-061, and the Tract is
0011.02.
Highest and Best Use: The subject's potential use as a
residential property does represent a highest and best use for the
subject property. This property would also be beneficial to the
Dubuque Arboretum.
Neighborhood: tn the neighborhood there is agricultural land,
single family housing, the Dubuque Arboretum, and vacant land.
MARKET VALUE
Market Value is described as "the most probable price in
cash, tez-ms e_c~ivalent to cash, or in other precisely revealed
terms, for which the appraised property will sell in a competitive
market under all conditions requisite to market sale, with the
buyer and seller each acting prudently, knowledgeably, and for
self-interest, and assuming that neither is under undue duress.
Fundamental assumptions and conditions presumed in this
definition are:
1. Buyer and seller are motivated by self-interest.
2. Buyer and seller are well informed and are acting prudently.
3. The property is exposed for a reasonable time on the open
market.
4. Payraent is made in cash, its equivalent, or in specified
financing terms.
5. Specified financing, if any, on the amount of Market Value of
a tyl0ical financing, services, or fees shall be clearly and
precisely revealed in the appraisal report.
6. The effect, if any, on the amount of Market Value of a typical
financing, services, or fees shall be clearly and precisely
revealed in the appraisal report.
THE APPRAISAL PROCESS
It is generally recommended by the American Society of Real
Estate Appraisers of the National Association of Real Estate
Boards that the Market Value of a parcel of real property be
estimated by the use of three approaches to value. They are the
Cost Approach, the Income Approach, and the Market Approach. The
value indicated by each approach will be carefully reviewed and
that approach, which in the judgement of the appraiser, most
adequately and accurately reflects all the circumstances in
connection with the particular property under appraisement, and
the purpose for which the appraisal is being made, will be
selected as the best indication of Market Value.
The Cost Approach is the summation of the land value and the
value of the improvements. This approach is not utilized as the
subject is vacant land.
The Income Approach is the capitalization of net income at a
proper rate. This property is not an income producing property as
this is vacant land. Therefore, this approach is not utilized in
the analysis of this property.
The Sales Comparison Approach is the comparison of recent
sales of comparable properties as a guide to market value. If
sales of property having the same features as the subject property
are not available, sales of properties having some or part of the
same features will be considered, and adjustments will be made to
indicate the market value of the subject property from these
transactions.
Sales Comparison Approach To Value
METHODOLOGY:
The Sales Comparison Approach to Value presumes that no prudent buyer
would pay more for the subject than an amount necessary to ac_quire an equal
substitute, assuming no undue delay. Thus, sales of similar properties are
pertinent in the valuation process.
MARKET COMPARISON:
Our research has found six sales of similar properties that have sold
within the past four years. They range from 205,168 sq.ft, to 2,394,798 sq.ft.
They range in price per square foot from $.07 to $.37 per sq.ft.
IMPROVED COMPARABLE SALES
Location Sale Date Zoning Sale Price $/Sq. Ft. Land Area
Subject
Tiffany Court NA R-t NA NA 439,520 SqFt
Dubuque
t.Asbury Road and Northwest Arterial
Dubuque 10/01 AG
$399,275 $.37 1,089,000 SqFt
2.Tiffany Court
Dubuque 6/00
R-1 $550,000 $1.20 456,795 SqFt
3.Lot t Stacie Court
Dubuque 10/01
R-2 $53,000 $.26 205,168 SqFt
4.3556 Crescent Ridge
Dubuque 4/00
PUD $230,000 $.26 892,980 SqFt
ANALYSIS:
The properties used in the Sales Comparison Approach a range in value for
the subject. They were the most similar comparabtes available for the subject.
The subject property is in an exclusive area. Some of Dubuque's nicest
homes are located in this area, as well as the Dubuque Arboretum. The Iowa
D.O.T. is extending the Northwest Arterial and has acquired a portion of the
land formerly owned by Mr. Wayne Briggs. This property will be given the
highest price per sq.ft, based on the subject's very good location and the
access easement that will be located to the subject off of the Northwest
Arterial. The acquisition of Mr. Brigg's land by the Iowa D.0.T. will be given
the most weight.
Based on this information, the subject has a value of $1.00 per sq. ft.
CALCULATION:
439,520 SQ.FT. ~ $1.00 PER SQ.FT. = $439,520.
SALES COMPANISON APPROACH TO VALUE - $440,000.
SUMMATION AND FINAL RECONCILIATION OF VALUE
The three common approaches to value real estate are the Sales Comparison
Approach to Value, the Cost Approach to Value, and the Income Approach to Value.
The application of the these three approaches to the subject property has
resulted in the following figures:
COST APPROACH TO VALUE:
NA
SALES COMPARISON APPROACH TO VALUE:
$440,000.
INCOME APPROACH TO VALUE :
MA
The Cost Approach and the Income Approach were not used, as this is vacant
land.
The Sales Comparison Approach is based on a com~oarison with other
properties that have sold and are similar to the subject property. Differences
in location, condition, size, and any other notable factors of the comparables
relative to the subject were considered. This approach is the only applicable
approach for this property.
For the final valuation of this property, the appraiser is giving all
consideration to the Sales Comparison Approach.
After considering all of the factors relating to Market Value, as of
October 26, 2001, the subject property is $440,000.
FOUR HUNDRED AtfD FORTY THOUSAND DOLLARS.
Mary E~ Clark
CERTIFICATE AND STATEMENT OF LIMITING CONDITIONS
Certification: The appraiser certifies and agrees that:
1. The appraiser has no present or contemplated future interest
in the property appraised; and neither the employment to make the
appraisal, nor the compensation for it, is contingent upon the
appraised value of the property.
2. The appraiser has no personal interest in or bias with respect
to the subject matter of the appraisal report or the participants
to the sate. The "Estimate of Market Value" in the appraisal
report is not based in whole or in part upon the race, color, or
national origin of the prospective owners or occupants of the
property appraised, or upon the race, color, or national origin of
the present owners or occupants of the properties in the vicinity
of the property appraised.
3. The appraiser has personally inspected the property, both
inside and out, and has made an exterior inspection of all
comparable sales listed in the report. To the best of the
appraiser's knowledge and belief, all statements and information
in this report are true and correct, and the appraiser has not
knowingly with-held any significant infoz-mation.
4. All contingent and limiting conditions are contained herein
(imposed by the terms of the assignment or by undersigned
affecting the analyses, opinions, and conclusions contained in the
report.)
5. This appraisal report has been made in conformity with and is
subject to the requirements of the "code of professional ethics
and standards of professional conduct" of the appraisal
organizations with which the appraiser is affiliated.
6. Ail conclusions and opinions concerning the real estate that
are set forth in the appraisal report were prepared by the
appraiser whose signature appears on the appraisal report, unless
indicated as "Review Appraiser." No change of any item in the
report shall be made by anyone other than the appraiser, and the
appraiser shall have no responsibility for any such unauthorized
change.
CONTINGENT AND LIMITING CONDITIONS:
The certification of the appraiser appearing in the
appraisal report is subject of the following conditions and to
such other specific and limiting conditions as are set forth by
the appraiser in the report.
t. The appraiser assumes no responsibility for matters of a legal
nature affecting the property appraised or the title thereto, nor
does the appraiser render any option as to the title, which is
assumed to be good marketable. The property is appraised as
though under responsible ownership.
2. Any sketch in the report may show approximate dimensions and
is included to assist the reader in visualizing the property. The
appraiser has made no survey of the property.
3. The appraiser is not required to give testimony or appear in
court because of having made the appraisal with reference to the
property in question, unless arrangements have been previously
made therefore.
4. Any distribution of the valuation in the report between land
and improvements applies only ,under the existing program of
utilization. The separate valuations for land and building must
not be used in conjunction with any other appraisal and are valid
if so used.
5. The appraiser assumes that there are no hidden or unapparent
conditions of the property, subsoil, or structures, which would
render it more or less valuable. The .appraiser assumes no
responsibility for such conditions, or for engineering which might
be required to discover such factors.
6. Information, estimates, and options furnished to the
appraiser, and contained in the report, were obtained from sources
considered to be reliable and believed to be true and correct.
However, no responsibility for accuracy of such items furnished
the appraiser can be assumed by the appraiser.
7. Disclosure of the contents of the appraisal report is governed
by the bylaws and regulations of the professional appraisal
organizations with which the appraiser is affiliated.
8. Neither all, nor any part of the content of the report, or
copy thereof (including conclusions as to the property value, the
identity of the appraiser, professional designations, reference to
any professional appraisal organizations, or to the firm with
which the appraiser is connected) shall be used for any purposes
by anyone but the client specified in the report. There is
water, sewer, electricity, gas and telephone service available.
The appraiser will evaluate the property and determine the
market value of the property as of the appraisal inspection date
of the borrower if appraisal fee is paid by same, the mortgages or
its successors and assigns, mortgage insurers, consultants,
professional appraisal organizations, any state or federally
approved financial institution, any department, agency, or
instrumentality of the United States or any state or the District
of Columbia, without the previous written consent of the
appraiser, nor shall it be conveyed by anyone to the public
through advertising, public relations, news, sales, or other
media, without the written consent and approval of the appraiser.
9. On all appraisals, subject to satisfactory completion,
repairs, or alterations, the appraisal report and value conclusion
are contingent upon completion Of the improvements in a
professional manner.
t0. This appraisal value is based on all underground storage
tanks meeting minimu/n current and federal requirements and no
known hazard waste storage areas.
11. No radon tests were conducted. The appraisal value is based
on buildings (if any) meeting current state and federal
requirements for radon content.
ENVIRONMENTAL DISCLAIMER: The value estimated in this report is
based on the assumption that the property is not negatively
affected by the existence of hazardous substances or detrimental
envirorunental conditions. The appraiser is not an expert in the
identification of hazardous substances or detrimental
environmental conditions. The appraiser's routine inspection of
and inquires about the subject property did not develop any
information that indicated any apparent significant hazardous
substances or detrimental environmental conditions which would
affect the property negatively. It is possible that test and
inspections by a qualified hazardous substance and enviroemental
expert would reveal the existence of hazardous materials and
environmental conditions on or around the property that would
negatively affect its value.
ADDITIONAL CERTIFICATION: The appraiser further certifies and
agrees that:
t. This appraisal conforms to the uniform standards of
professional appraisal practice (USPAP) adopted by the appraisal
standards board of appraisal foundation, except that the departure
provision of USPAP does not apply.
2. Their compensation is not contingent upon the reporting of a
predetermined value or direction in value that favors the cause of
the client, the amount or direction in value estimate, the
attainment of a stipulated result, or the occurrence of a
subsequent event.
3. This appraisal assignment was not based on a requested minimum
valuation, a specific valuation, or the approval of a loan.
Mary E. Clark
Iowa Certified General
Real Property Appraiser
Iowa Department of Transportation
800 Lincotn Way, Ames, Iowa 50010-6993 PHONE: 515-239-1217
FAX: 515-239-1247
June 30 9000
When corresoondine, refer to:
Dubuque County
Project STPN-32~ 1 (3)--2J-31
Parcel No. 23
Wayne A. and Tracey L. Briggs
2729 Tiffany Court
Dubuque, Iowa 52001
Dear Mr. And Mrs. Briggs:
Enclosed for your records is a copy of the approved R/ght of W~ Contract with the Iowa
Department of Transportatior~
It is our intent to close this ~ausacfion on or before August 18, 2000.
Thank you for your cooperation in this highway/mprovement project.
Sincerely,
EnG.
Belinda H. Memtt, Agent
Title end Closing Unit
Office of Right of Way
b-32-023
~ lan.~-~-re~s, shr.b~~ ld~in~surfaei.n ma .ky other · P p ¥.
DAVID R, HICKS
Prepared by Barry A. Lindahl, Esq. 300 Main Street Su[te 330 Dubuque iowa 52001 563 583-41t3
RESOLUTION NO. -01
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN
DUBUQUE COUNTY, IOWA FROM WAYNE A. BRIGGS AND
TRACEY L. BRIGGS
WHEREAS, Wayne A. Briggs and Tracey L. Bdggs desire to make
a gift of the following described real property to the City of Dubuque:
Lot 2 of Lot 8 of Block 3 of Tiffany Ridge Subdivision in the City of
Dubuque, Iowa, according to the recorded plat thereof, subject to
easements and restrictions of record
and
That part of the SE Y4 of the SW % of Section 10, Township 89 North, Range
2 East of the 5t~ P.M., and that part of the South ~/= of the SE ¼ of the SW %
of Section 10, Township 89 North, Range 2 East of the 5th P.M., all in
Dubuque County, Iowa, South of the North line of the South ~/= of the SE 1/4
of the SW % of Section 10, Township 89 North, Range 2 East of the 5~ P.M.,
except for that part taken by the Iowa Department of Transportation and
legally described as Lot t of the Subdivision of the SW % of the SW % of
the SE % and South ½ of the SE % of the SW ~/4 of Section 10, Township 89
North, Range 2 East of the 5th P.M., in Dubuque County, Iowa.
AND WHEREAS, the City Council of the City of Dubuque desires to
accept the gift on behalf of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA, AS FOLLOWS:
1. The City of Dubuque hereby accepts the Warranty Deed from Wayne A.
Briggs and Tracey L. Briggs, a copy of which is attached hereto.
2. The City Clerk is hereby authorized and directed to record this
Resolution with the Dubuque County Recorder.
Passed, approved and adopted this 27 day of December, 2001.
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
Prepared by Bi/an J. Kanc, KANE, NORBy & REDDIcK: P.C., 2100 Asbury Road, .Suite 2, Dubuque, IA 52002 563/552-79g0
~Address Tax Statement: City of Dubuque, Iowa, City Hail, 50 West 13m Street, Dubuque, Iowa 52001
WARRANTY DE ED
For no consideration and with the intent to make a charitable contribution, WAYNE A. BRIGGS
and TRACEY L. BRIGGS, husband and wife, do hereby Convey to THE CITY OF DUBUQUE, IOWA,
an Iowa municipal corporation, the following described real estate in Dubuque County, Iowa-
Lot 2 of Lot 8 of Block 3 of Tiffany Ridge Subdivision in the City o£ Dubuque, iowa,
according to the recorded plat thereof, subject to easements and restrictions of record,
That part of the SE 1/4 of the SW 1/4 of Section I0, Township 89 North, Range 2 East of
the 5~' P.M., and that part of the South ½ of the SE 1/4 of the SW 1/4 of Section
Township 89 North, Range 2 East oft. he 5a P.M., all in Dubuque County, Iowa, South of the
North line of the South~A of the SE 1/4 of the SW 1/4 of Seetio .
Range .2 East of the 5 P.M., except for that '- .... ,.A . nfi0;Townsh~p 89 North,
vms ~o~.un oy the Iowa Department of
iT, ffnsportation and legally described as Lot I of the Subdivision of the SW I/4 of the SW
of the SE I/4 and South ~ of the SE I/4 of the SW 1/4 of Section I0, Township 89
North, Range 2 East of the $ P.M., in Dubuque County, Iowa.
Orantors do Hereby Covenant with Grantee and successors in interest that Grantors hold the real
estate by title in fee simple; that they have good and lawful authority to convey the real estate; that the rea[
estate is Free and Clear of all Liens and Encumbrances except as may be above stated; and Grantors
covenant to Warrant and Defend the real estate agaknst the lawful el i
above stated. Each of the undersigned hereby reli ~,,;*h~- ~- - -- a~s of all.persons except as ma be
share in mid to the real estate~ , .-,-o[.au ,mu aistrlout]ve
Words and phrases herein, including acknowlcdgment hereof, shall be construed as in the singular
or plural number, and as masculine or feminine gender, according to the context.
Dated:December. ,2001.
WAYNE A. BRIGGS
TRACEY L. BRIGGS --
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
On this day o£December, 2001, before me, the undersigned, a Notary Public in and for the
State of Iowa, p~-rsonally appeared WAYNE A. BRIGGS and TRACEV L. BRIGGS, husband anrl wife, to
me known to be the persons named in and who executed the foregoing instrument, and acknowledged that
they executed the same as their voluntary act and deed.
Nota~ Public in and for State of Iowa --